Unikraft GmbH, Im Neuenheimer Feld 582, 69120 Heidelberg (“Unikraft”) offers a cloud application optimization service to support the deployment and virtualization of the customer’s (“Customer”) cloud applications. These Terms of Use of Unikraft (the “Terms”) set forth the contractual basis for the use of the services of Unikraft by the Customer’s employees, Customer’s third-party service providers or any other end user of the Unikraft services (the “User”).
1. Subject matter and scope
The Terms are an integral part of each contract between Unikraft and the User (individually also “Party” and collectively “Parties”) on services provided by Unikraft.
The subject matter of these Terms is the provision of the cloud application optimization services via a remote data connection within the scope of the agreed availability, functions and restrictions (the “Service”).
The provision of the Service includes the User’s right to use the Service according to section 2.2 and the provision of storage space for the User Content (cf. section 4) and data generated by User through use of the Service
These Terms shall also apply to changes to the Service, i.e., through bug fixes or updates to documentation (collectively “Updates”), made by Unikraft during the term of the Terms. Upgrades shall mean any improvement of the functionality, security, performance, or features of the Services (“Upgrade”).
2. Provision of Service
During the term of the Terms, Unikraft shall provide the Services to the User free of charge with the agreed upon functions as per the description on the website or as detailed in the agreement with the Customer.
Unikraft grants to the User a simple, non-transferable and non-sublicensable right to use the Service for Customer’s business purposes or for testing purposes. Users shall not be authorized to
use the Service beyond the agreed restrictions, in particular by more users than the agreed workloads and number of instances;
reproduce, distribute or make publicly available the Service or parts thereof, except to the extent that this is necessary for the use in accordance with the Terms;
sublicense, lease, rent or otherwise make the Service or its functions available to third parties, unless Unikraft expressly permits the User such use in text or written form;
grant unauthorized third parties’ access to the Service or its functions or tolerate such access;
copy, load or disclose software used for the operation or provision of the Service or software on which it is based, in whole or in part, on its own systems;
reverse engineer, attempt to derive the source code of, prepare derivative works based upon, or otherwise exploit the Services, except as expressly permitted by this Terms or as permitted under applicable law.
The User shall inform Unikraft without undue delay in text or written form if it becomes aware of a breach of section 2.2. Notwithstanding the foregoing, Unikraft shall be entitled to reasonably monitor compliance with the agreed scope of use and the agreed restrictions of use, also by means of technical precautions within the Service.
Unikraft may update the Service, its contents and its functions during the term of the Terms without the User’s separate consent and otherwise make reasonable changes, in particular to adapt to a changed legal situation, technical developments or to improve quality or IT security.
3. User obligations
The User shall provide Unikraft with all necessary information from the sphere of the User requested by Unikraft for the performance of the Service in a complete and timely manner.
The User shall use the Service only to the extent permitted by these Terms. The User shall ensure that its use of the Service does not violate any applicable legal or regulatory requirements or infringe any third-party rights.
The User shall thoroughly test the Service and its functionalities for freedom from defects, usability and suitability for their purposes before the User put it into operation. The User shall report defects or other malfunctions together with a comprehensible description to Unikraft immediately after their discovery, at least in text form. Contractual and statutory obligations of the User to give notice of defects shall remain unaffected.
The User shall keep the access data confidential. The User is not permitted to share the access data with third parties or use access data of some other User.
The User shall use the Service only within the contractually permissible scope and comply with all legal and regulatory requirements applicable to it.
4. User Content
The User shall be solely responsible for all data and all other content, which the User makes available to Unikraft itself or through third parties in connection with the Service (“User Content”).
By providing or entering User Content, the User irrevocably grants Unikraft the non-exclusive, worldwide right to use User Content for the performance and execution of the Terms. Unikraft may also have the rights granted to User Content exercised by third parties, for example by vicarious agents used (e.g., hosting service providers).
The User warrants that the User Content does not contain or spread any viruses or other malware such as worms or spyware and that its transfer to and contractual processing by Unikraft does not infringe any third-party rights or violate any laws. The User shall ensure that the User Content is not harassing, offensive (e.g., containing hate speech, racist comments), is harmful to minors or illegal in any other way.
5. Warranty and Liability
Unikraft warrants the provision of the Service without material defects and without defects of title. Unikraft does not warrant that the Service will be error-free, uninterrupted, or free from any defects. The User acknowledges and agrees that the Service may still be under development and may contain defects, errors, or bugs.
The User shall be solely responsible for the correctness and legality of the User Content.
Unikraft shall be liable without limitation in the event of intent, gross negligence and culpable injury to life, body or health.
Apart from Section 5.4 Unikraft shall only be liable according to mandatory statutory law.
Section 5 shall also apply in favor of the employees, representatives, bodies and vicarious agents of Unikraft.
6. Term and termination
These Terms are closed for an indefinite period of time. Each Party may terminate these Terms at any time.
Any declaration of termination must be in text or written form to be effective.
Upon termination of the Terms, the User shall be obligated to immediately discontinue the use of the Service and to immediately return to Unikraft or destroy all objects and information provided by Unikraft within the scope of the execution of the Terms, including copies made, and to confirm the destruction to Unikraft in text form.
7. Third party rights, Indemnification
If a third party asserts an infringement of rights against the User based on the use of the Service and the User Content, the User shall immediately notify Unikraft thereof in text or written form.
Unikraft shall adequately support the User in its defense and provide relevant information. At the request of Unikraft, the User shall assume the extrajudicial and judicial defense of claims asserted against Unikraft. The right of Unikraft to (also) defend itself shall remain unaffected. The User shall bear the costs of defense against asserted claims in connection with User Content, including reasonable costs incurred by Unikraft for legal defense.
Unikraft shall not be held liable for any infringement of any third-party rights by the User, if and to the extent the infringement results from a transgression of the User’s rights of use which are granted under the Terms. In this case, the User shall indemnify Unikraft from and in relation to any such third-party claims, where User’s cuplability has been established or proven by a court or accepted by the User.
All further rights and claims of Unikraft shall remain unaffected.
8. Free and Open Source Software
Unikraft partly uses Free and Open Source Software (“FOSS”) for the provision of its Service.
Any FOSS is licensed to the User under the license terms applicable to FOSS. These can be found in the file.
For FOSS, FOSS license terms take precedence over the Terms to the extent the Terms imposes greater restrictions on User than the applicable FOSS license terms. To the extent that the FOSS license terms require Unikraft to provide the applicable source code and/or modifications (the “Source Files”), User may obtain a copy of the applicable Source Files at:
Alternatively, User may submit a written request, including its name and address to Unikraft.
9. Privacy
Unikraft collects technical data for the purpose of crash reports and debugging errors. This data is aggregated and does not allow Unikraft to identify any individuals. For further details on how Unikraft processes personal data please see our Privacy Policy.
10. Miscellaneous
The Terms and all claims and rights arising therefrom or otherwise in connection therewith shall be governed by the laws of the Federal Republic of Germany.
If legally permissible, the exclusive place of jurisdiction for all disputes between the Parties arising from or in connection with the Terms is Mannheim.
Unless expressly agreed otherwise, the place of performance for the Service shall be the registered office of Unikraft in Heidelberg.
Should individual provisions of the Terms be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The Parties shall replace such provisions by effective and feasible provisions which correspond as closely as possible to the meaning and economic purpose as well as the intention of the Parties. The same shall apply to unintended loopholes.